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2017 DIGILAW 192 (BOM)

Ganesh S/o Padmakar Harde v. State of Maharashtra, through Police Station Officer, Sakkardara

2017-01-30

B.R.GAVAI, INDIRA JAIN

body2017
JUDGMENT : B.R. GAVAI, J. 1. Rule. Rule is made returnable forthwith. Heard by consent. 2. The applicants have approached this Court for quashing and setting aside the Judgment and Order dated 22.3.2013 passed in R.C.C. No. 1120 of 2009 thereby convicting the appellants for the offences punishable under Section 498A, 294, 323 and 34 of the Indian Penal Code. 3. The petitioners were married to each other on 15.2.2002. Out of the said wedlock, they have been blessed with one daughter namely Vaibhavi, who is at present 13 years old and studying in 9th Std. 4. It appears that, after the marriage, there arose differences between the parties somewhere in the year 2009 and as such, applicant No. 2 lodged First Information Report for the aforesaid offences in the Police Station, Sakkardhara. After completion of investigation, charge sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Corporation Court No. 1, Nagpur. At the conclusion of trial, the learned trial Judge passed the order of conviction and sentence sentencing applicant No. 1 to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for 15 days for the offence punishable under Section 498A of the Indian Penal Code. 5. Being aggrieved thereby, applicant No. 1 preferred an appeal before the learned District Judge-13, Nagpur. During pendency of the appeal, the dispute being matrimonial in nature, it was referred for mediation. It appears that the mediation has been successful and the parties have amicably settled the matter. As per the settlement, an amount of Rs. 16,25,000/- has been agreed to be paid by applicant No. 1 to applicant No. 2. Out of this amount, it has been agreed that an amount of Rs. 6,00,000/- would be deposited in the fixed deposit in the name of minor daughter till she becomes major. There are other terms and conditions which forms part of the said Compromise pursis. 6. Since the order of conviction is already passed, it will be beyond the jurisdiction of learned District Judge to permit the parties to give an end to their dispute. As such, it has been agreed in the Consent terms that the applicants would jointly approach this Court under section 482 of the Criminal Procedure Code, 1973 for giving an end to the Criminal Proceedings. 7. As such, it has been agreed in the Consent terms that the applicants would jointly approach this Court under section 482 of the Criminal Procedure Code, 1973 for giving an end to the Criminal Proceedings. 7. The Apex Court in the case of B.S. Joshi and Others vs. State of Haryana and Another, (2003) 4 SCC 675 : 2003 All MR (Cri) 1162 has held that if the matrimonial dispute has been settled between the parties, this Court can exercise powers under section 482 of the Criminal Procedure Code, 1973 to quash and give an end to the criminal proceedings. We find that the present case is a fit case where this Court should exercise powers under section 482 of the Criminal Procedure Code, 1973 and give an end to the criminal proceedings. 8. The applicants are personally present in the Court. Applicant No. 2 admits that an amount of Rs. 16,25,000/- is already deposited in the District Court. She further reiterates that it has been agreed that, after disposal of the present petition and Criminal proceedings, she would be entitled to the said amount. 9. We, therefore, find that, in order to enable the parties to lead a peaceful life and also save the minor daughter from further trauma, it will be in the interest of justice that, in the exceptional circumstances that are appearing in the present matter, an end is given to the Criminal proceedings between the parties. 10. In that view of the matter, the Judgment and Order dated 22.2.2013 passed in R.C.C. No. 1120 of 2009 thereby convicting the appellant for the offence punishable under Section 498A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for fifteen days stands quashed and set aside. 11. Needless to state that, in view of the order passed in the present proceedings, the Criminal Appeal bearing Criminal Appeal No. 99 of 2013 pending before the learned District Judge and Additional Sessions Judge-9, Nagpur stands disposed of. 12. Applicant No. 1 stands acquitted of the charges charged with. 13. The fine amount paid by him is permitted to be returned back to him. 14. Needless to state that the aforesaid order is subject to receipt of entire amount by respondent No. 2 as agreed in the Compromise Petition. 12. Applicant No. 1 stands acquitted of the charges charged with. 13. The fine amount paid by him is permitted to be returned back to him. 14. Needless to state that the aforesaid order is subject to receipt of entire amount by respondent No. 2 as agreed in the Compromise Petition. Ordered accordingly.